Zoning Board of Appeals- - Minutes 06/23/2005ZONING BOARD OF APPEALS
FINDINGS OF FACTS
A dimensional variance is hereby denied to Jeff Colson of Wisconsin Petroleum
(representing Shelf Gas Station), by the Zoning Board of Appeals of the City of
Muskego in Appeal # 06-2005 to permit two (2) 12.95 square foot variances from the
allowed signage size, to install two (2) 15.35 square foot "Shell` signs on the gas
canopy at S75 W 17226 Janesville Road 1 Tax Key No. 2193.070, based upon the
applicant having not met the specifics of the City Ordinance with respect to granting
variances.
It was found that the variance does not preserves the intent of the Municipal Code
because there were not exceptional conditions applying that do not generally apply to
other properties. More specifically, there are other alternatives such as smaller
signage, the placement of a logo or symbol, the use of the existing monument sign, and
possible wall signage on the building. Also, a non -self imposed hardship was not found
for the appeal.
Dated this 5tn day of July
Signed
an Schepp
Chairman, Zoning Board of Appeals
SignedCek_=
Adam Trz iatowski
Associate Planner
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
JUNE 23, 2005
Meeting was called to order at 7:05 P.M.
PRESENT: Chairman Dan Schepp, Vice Chairman Schneiker, Dr. Barb Blumenfield, Mr. Horst Schmidt,
Dr. Russ Kashian, Mr. William Le Doux, and Associate Planner Adam Trzebiatowski.
EXCUSED: Mr. Steve Whittow
STATEMENT OF PUBLIC NOTICE: The Secretary stated the meeting was noticed on June 17, 2005, in
accordance with Open Meeting Laws.
NEW BUSINESS: APPEAL #06-2005 Petitioner: Jeff Colson a representative of Wisconsin
Petroleum/Shell Gas Station, S75 W 17226 Janesville Road 1 Tax Key 2193.070. REQUESTING under
the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal Provisions, Petitioner seeks the
following variance: Chapter 17- Zoning Ordinance: Section 6.09 Signs. (1) in any district no signs shall
be permitted except as in hereinafter specified by the regulations for that district, or as otherwise
regulated in this section. All signs shall also meet all applicable structural and electrical requirements of
local and state building and electrical codes. (See Chapter 30)
The allowed square footage of wall signage on a B-41OED zoned property is limited to 5% of a building
elevation. The building elevation of the canopy on the above -mentioned property measures 24'x 2' which
allows 2.4 square feet of signage per canopy facade. The petitioner seeks a sign that is 15.35 square
feet in area (on two sides of the canopy), and is therefore requesting a 12.95 square foot variance (per
canopy side).
Mr. Schneiker swore in Mr. Jeff Colson, who is representing the Shell gas station on the corner of
Janesville Road and Lannon Drive. Mr. Colson explained the current monument sign sits back 20 feet on
the east side of the property. When driving from the west to the east the sign would not be visible, and
driving from the east to west you would have to be right up to the stop sign on Janesville and Lannon to
see the sign. Mr. Colson is concerned with people not knowing the gas station is a Shell gas station.
Shell is requesting a variance to fit the word "Shell" with the lighted red bar on the canopy. Mr. Colson
explained there are conflicts with the Company not allowing signage on the building itself other than the
words "Food Mart". The only signage they will allow is the Shell emblem on the monument signs and the
wording Shell with the red bar on the canopy. The existing monument sign cannot be modified in size
unless it is moved back from the right of way.
Mr. Colson stated the signs are standard signs, anything other than the proposed sign would have to be
custom made.
Mr. Colson explained the Shell emblem will be on the gas pumps along with an advertisement for a new
premium gas.
The Board discussed other gas stations in the area and the canopies are all larger than the proposed
Shell station, allowing the other gas stations to go larger with the signs.
The Board discussed options of enlarging the existing canopy to make the sign larger, but adding an
additional 12 feet would still only add an extra square foot of signage.
Dr. Blumenfield suggested temporary signage to advertise the Shell name. Mr. Trzebiatowski stated
temporary signs are less restrictive and staff is willing to work with the petitioner with reasonable
requests.
ZBA Minutes
6/23/2005
Page 2
Dr. Kashian questioned the petitioner as to why the pumps were not moved to make advertising on the
pumps more visible from the east and west. Mr. Colson could not answer that question. Mr.
Trzebiatowski explained the size of the property may not allow the pumps to be moved.
Mr. Trzebiatowski gave the City's opinion. The monument sign that exists is 40 square feet in size per
sign side and it is located near a prominent corner of the site at the intersection of Lannon Drive and
Janesville Road. There also is a sign on the building that says "Food Mart". The petitioners have not
asked to have a "Shell" sign placed on the principal building itself. Mr. Trzebiatowski noted the other gas
stations in the area all have conforming signs to the allowed 5%. Staff is recommending denial of this
appeal citing that the variance does not preserve the intent of the Zoning Ordinance because there are
not exceptional conditions applying to the parcel that do not apply to other properties. Also, a non -self
imposed hardship is not found for the appeal. There are other options that could be pursued on this
parcel to still allow some type of signage. One option would be to put the signage on the other side of the
canopy since that side of the canopy is larger. Another option would be to use a smaller logo. A third
option would be to change the signage on the building to include the Shell name or logo.
DELIBERATIONS:
APPEAL 06-2005 — Vice Chairman Schneiker moved to approve Appeal 06-2005 as submitted.
Seconded by Mr. Schmidt. Dr. Blumenfield stated the Company should be concerned with options for
signage that fit within the code to promote their business. Mr. Trzebiatowski stated the Company already
made an exception to their requirement with the color of the canopy. Chairman Schepp stated he felt the
hardship is the pre-existing location of the gas station. Dr. Kashian noted previous gas stations on this
property were all within the zoning requirements for signs. Upon a roll call vote, Appeal 06-2005 is
denied 4-1, with Chairman Schepp voting yes.
APPROVAL OF THE MINUTES: Dr. Blumenfield moved to approve the minutes of May 26, 2005.
Seconded by Mr. Le Doux. Motion carried 6-0.
MISCELLANEOUS: Mr. Trzebiatowski explained the Board had asked for a booklet on policy and
procedures for the Board of Appeals. After some research, it was found the booklets that had been
prepared by the DNR are no longer in print. Mr. Trzebiatowski further explained Attorney Macy held a
workshop for the Board in 1997. Mr. Trzebiatowski stated he would set up a workshop before the next
meeting to go over rules and procedures and distribute an updated handbook.
ADJOURNMENT: With no further business to come before this Board, Dr. Blumenfield moved to
adjourn. Mr. Schmidt seconded. Upon voice vote, meeting adjourned at 7:59 PM.
Respectfully Submitted,
1 r
Kellie Renk,
Recording Secretary
CITY OF MUSKEGO
ZONING BOARD OF APPEALS AGENDA
June 23, 2005 7:00 PM
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
NOTICE OF CLOSED SESSION
PLEASE TAKE NOTICE that the Board of Appeals of the City of Muskego may convene, upon passage of
the proper motion, into closed session pursuant to Section 19.85 (1) (a) of the State Statutes for the
purpose of deliberating concerning cases which were the subject of a quasi-judicial hearing; said cases
being the above listed appeals.
The Board of Appeals will then reconvene into open session. Detailed descriptions are available for public
inspection at the Clerk's office. All interested parties will be given an opportunity to be heard.
OLD BUSINESS
None
NEW BUSINESS
1. APPEAL #06-2005
Petitioner: Jeff Colson (Wisconsin Petroleum)
Residence: Shell Gas Station (Formerly known as Marathon Gas Station)
S75 W 17226 Janesville Road 1 Tax Key No. 2193.070
REQUESTING: Under the direction of Chapter 17 Zoning_ Ordinance: Section 3.08(1) Appeal
Provisions, Petitioner seeks the following variance:
Chapter 17--Zoning Ordinance: Section 6.09 Signs
(1) In any district no signs shall be permitted except as in hereinafter specified by the regulations
for that district, or as otherwise regulated in this Section. All signs shall also meet all
applicable structural and electrical requirements of local and state building and electrical
codes. (See Chapter 30)
The allowed square footage of wall signage on a B-410ED zoned property is limited to 5% of a building
elevation, The building elevation of the canopy on the above -mentioned property measures 24' x 2' which
allows 2.4 square feet of signage per canopy facade. The petitioner seeks a sign that is 15.35 square feet in
area (on two sides of the canopy), and is therefore requesting a 12.95 square root variance (per canopy side).
APPROVAL OF THE MINUTES FROM THE May 26, 2005 MEETING.
MISCELLANEOUS BUSINESS
ADJOURN
It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality
may be in attendance at the above -stated meeting to gather information; no action will be taken by any
governmental body at the above -stated meeting other than the governmental body specifically referred to above in
this notice.
Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through
appropriate aids and services. For additional information or to request this service, contact Janice Moyer, City
Clerk/Treasurer at Muskego City Hall, (262) 679-5625.
City of Muskego
Zoning Board of Appeals Supplement 06-2005
For the meeting of. June 23, 2005
REQUESTING:
Under the direction of Chapter 17--Zoning Ordinance: Section 6.09 Signs
(1) In any district no signs shall be permitted except as in hereinafter specified by the
regulations for that district, or as otherwise regulated in this Section. All signs shall
also meet all applicable structural and electrical requirements of local and state
building and electrical codes. (See Chapter 30)
APPELLANT: Jeff Colson (Wisconsin Petroleum)
Shell Gas Station (Formerly known as Marathon Gas Station)
LOCATION: S75 W 17226 Janesville Road 1 Tax Key No. 2193.070
PREPARED BY: Adam Trzebiatowski
BACKGROUND
The appellant is requesting a variance to be allowed two (2) signs sign that say "Shell". The signs
will be placed on two (2) opposite sides of the canopy at the above -mentioned gas station.
The allowed square footage of wall signage on a B-41OED zoned property is limited to 5% of a
building elevation. The building elevation of the canopy on the above -mentioned property measures
24' x 2' which allows 2.4 square feet of signage per canopy facade. The petitioner seeks a sign that
is 15.35 square feet in area (on two sides of the canopy), and is therefore requesting a 12.95 square
foot variance (per canopy side).
DISCUSSION
The former Marathon Gas Station is going to become a Shell Gas Station. The owner of the
building has recently received approvals from the Plan Commission to modify and improve the look
of their building since they are switching to a Shell Gas Station. When the Plan Commission and
Plan Department staff reviewed the Building, Site, and Operation Plan (BSO) submittal, we
recommended that the canopy only be white with a lit red bar across three sides of the canopy. The
signage that they were proposing on the canopy was well over the limit that is allowed by the zoning
code.
On the property there is an existing monument sign that is located within the public right-of-way that
can be utilized by the company for signage. The monument sign that exists is 40 square feet in size
per sign side and it is located near a prominent corner of the site (At the intersection of Lannon
Drive and Janesville Road). There also is a sign on the building that says "Food Mart". The
petitioners have not asked to have a "Shell" sign placed on the principal building itself.
The proposed signage on the canopy exceeds the allowed square footage by 12.95 square feet.
There are other gas stations in the general area that have received permits for new signage on their
canopy within the last few years. None of these gas stations requested a variance, as they did meet
Appeal # 06-2005
ZBA 6-23-2005
Page 1
the code requirements. Although the sign square footage requirement is limited for a canopy, most
other businesses use this area for logos or symbols. There are other areas to represent the
business corporate identity in the form of monument signs and building wall signs.
Here are a few examples of what other gas stations have requested:
Mobil — The front side of their canopy measures 80 feet wide by 3.3 feet high. They
were allowed 5% of that area as signage, which amounted to 13.3 square feet. The
sign that they received approvals for was 13.1 square feet in size. Their sign is
conforming.
BP — The west and east sides of the canopy measures 45 feet wide by 3 feet high.
They were allowed 5% of that area as signage, which amounts to 6.75 square feet.
The sign that they received approvals for was 6.25 square feet in size. Their signs
are conforming.
STAFF RECOMMENDATIONS
Denial of Appeal 06-2005, allowing each canopy sign to be 15.35 square feet in area, a 12.95
square foot variance; citing that the variance does not preserve the intent of the Zoning
Ordinance because there are not exceptional conditions applying to the parcel that do not
apply to other properties. Also, a non -self imposed hardship is not found for the appeal.
There are other options that could be pursued on this parcel in order to still allow some type
of signage. One option would be to put signage on the front side of the canopy since that
side of the can canopy is larger. Another option would to be to use some type of smaller
logo that the Shell Company may have. A third option would be to change the signage on
their building to include the Shell name or logo. As mentioned, a monument sign (40 square
feet per sign side) already exists on the corner of Lannon Drive and Janesville Road.
Appeal # 06-2005
ZBA 6-23-2005
Page 2
Appeal #06-2005
LEGEND
Agenda Item(s)
Property
Right-of-way
Hydrography
CITY UFO Prepared by City of Muskego
USKEGO Planning Department
Q15 1412005
Supplemental Map
Petitioner:
2193.070
Shell Gas Station
(Formerly Marathon Gas Station)
S75 W17226 Janesville Road
CITY OF MUSKEGO BOARD OF APPEALS
APPLICATION FOR DIMENSIONAL VARIANCE
Appellant's Name:
Subject Property Address: &)J-6 1 7� �_ �%_ �s�'� �f� PW
Telephone: Day: Evening: 9aa-,2?4-0J6o_
Property Zoning:
Petitioner's relationship to property (circle applicable):
Tax Key:
Owner Lessee Other 67o6 fj-er—
Date inspector denied zoning permit: Z - 3 `o.5
Requesting variance to Code Section
To allow:
A literal enforcement of the terms of the above -referenced section would result in
practical difficulty and unnecessary hardship because:
The variance, if granted, will not be contrary to the public interest and will be in accord
with the spirit of the code because:
The variance, if granted, will not adversely affect public safety or jeopardize public
welfare because:
5.1CITYHALLNPlamingTORMSIBOA-Dimensional Appeal Application.doc
Last printed U24r1004 8:47 AM
SUBMITTAL REQUIREMENTS FOR DIMENSIONAL VARIANCE REQUESTS
At the direction of the Zoning Board of Appeals, the following information is required to
be submitted with the application (10 copies of each):
■ For any variance pertaining to a parcel of land, a Plat of Survey, prepared by a
Registered Land Surveyor, must be submitted. The Plat of Survey must be
dated, with no time requirements, and include the original seal of the surveyor.
Plat of Survey must contain the following:
1. The parcel in question with dimensions, bearings and a description of the
exterior boundaries.
2. Abutting streets, properties, lakes and/or rivers, etc.
3. Location and size (with dimensions and area) of any existing buildings or
structures.
4. Ordinary High-water Mark, 100-year Flood Elevation, 2-foot about the 100-
year Flood Elevation, Easements, etc.
5. Location and size of culverts, ditches, trees, wells, septic system, retaining
walls, driveways, sidewalks, patios, or any other items pertinent to the
variance requested —including area calculations.
6. Elevations at comers of parcel, building comers, grade breaks and any other
elevations pertinent to the variance requested.
7. Proposed building, structure or appurtenance for which the variance is being
requested.
• The scaled construction drawings of the appurtenance, addition, or structure for
which the variance is being requested.
■ Fee in the amount of $200.00 Account # 100.01,18,03.4327
1
SIGNATURE OF APPELLANT �,� DATE 5-1-a
1
SIGNATURE OF OWNER (if different) DATE) / 0_5
PLEASE BE INFORMED THAT ANY LEGAL, ENGINEERING AND ADMINISTRATIVE
FEES INCURRED BY THE CITY, IN THE PROCESS OF REVIEWING A PROPOSAL OR
APPLICATION, BUT NOT INCLUDED IN THIS FEE SCHEDULE, WILL BE CHARGED
BACK TO THE PETITIONER 1 APPLICANT 1 OWNER 1 DEVELOPER FOR 100%
RECOVERY. (Ch. 3.08510rd. #909)
S:1CiTYHALL1PlanninglFORMSIBOA-Dimensional Appeal Application.doc
Last printed 6124/2004 8:47 AM
If a person is driving on Janesville road it is almost impossible to
see that this will be a shell location. The shell sign with the price is
on the east side and set back from Janesville road. With no other
signs on the building or the canopy most people would mistake this
as an unbranded gas station. Shell's new image for the canopy is to
be painted yellow with red Shell letters and a lighted red bar. The
city of Muskego will only allow us to paint the canopy white with
the red bar. Shell says that without the Shell letters they will not
allow the red bar. So with out the letters on the canopy, they will
be nothing to identify this as a Shell gas station as you are driving
on Janesville road.
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To allow: One set of Shell letters on each end of the petroleum canopy. Current
ordinance allows for a sign 2.4 sq. ft. (24'x 2'x 5% = 2.4 sq. ft.). Sets of Shell letters are
15.125 sq. ft.
A literal enforcement of the terms of the above -referenced section would result in
Practical difficulty and unnecessary hardship because: Shell Oil Company will only
allow the Food Mart Decal on the building (No Shell signs). City of Muskego will only
allow a small monument type Shell sign with price sign as a pylon sign. Therefore this
Iocation is really under identified as a Shell station with out the letters SHELL on the
canopy.
The variance, if granted, will not be contrary to the public interest and will be in accord
With the spirit of the code because; it will better identify this location as a Shell station
to the public.
The variance, if granted, will not adversely affect public safety or jeopardize public
welfare because: The Shell letters are 13 feet above ground level. There are no safety
concerns.
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